Most FOI requests must be answered promptly and no later than 20 working days after receipt, but statutory exceptions and extensions can change the date.
FOI deadlines are counted in working days rather than calendar days. Weekends and relevant public holidays are excluded. Some categories of authority or public-interest considerations can alter timing.
If the authority misses the deadline, chase it promptly and keep evidence. ICO guidance for complaints expects requesters with no response after 20 working days to follow up before escalating.
Key points
- Start from the day after receipt when counting working days.
- Exclude weekends and applicable public holidays.
- Do not confuse the FOI 20-working-day rule with the one-calendar-month SAR rule.
- Keep acknowledgement and clarification correspondence because scope changes can affect handling.
Worked-route structure
Count working days, then test whether any special rule actually applies.
ConsumerWise’s FOI route separates the normal 20-working-day rule, bank holidays, schools and education bodies, public-interest extensions, invalid reasons for delay, worked examples and what to do when the authority is late.
Use GOV.UK bank holidays ↗ when a worked deadline crosses a holiday.
What “promptly” adds
Twenty working days is a maximum in ordinary cases, not a target that authorises unnecessary delay. The Act also requires a prompt response.
Public-interest timing
Where a qualified exemption requires public-interest consideration, the authority can in some circumstances extend the time for that consideration, but it should explain the delay and provide a reasonable estimate.
No response
Send a concise overdue chaser quoting the request date and reference. Ask for the response and internal-review/complaint route. Preserve the chaser for any later ICO complaint.
Internal review timing is a separate stage
If you receive a response but disagree with it, ask for an internal review promptly. ICO guidance says review requests should generally be made within 40 working days of the initial response. It expects most reviews to be completed within about 20 working days, with a longer period in more complex cases; 40 working days is the benchmark maximum reflected in the section 45 Code approach. This is different from the statutory EIR review rules.
Do not let delay erase the escalation trail
If there is no initial response after the ordinary 20-working-day period, follow up in writing and keep proof. The ICO asks people to attempt to resolve non-response directly first. For a later ICO complaint, preserve the original request, proof of receipt, chaser, response (if any), internal-review request and outcome.
In practice
- Use the FOI deadline calculator rather than manually counting bank holidays.
- Record the request date and the authority’s receipt/acknowledgement date.
- Chase promptly at expiry rather than allowing months of silence.
What to do
A practical next-step plan
- Record receipt.
- Calculate 20 working days.
- Diary a chase date.
- If overdue, send a written chaser.
- If still unresolved, use internal review/ICO route as appropriate.
Common traps
Things that often confuse the issue
- Counting calendar days.
- Using a SAR calculator for FOI.
- Assuming every extension statement is automatically valid.
Evidence worth keeping
FOI and EIR clocks are similar but not identical.
Both usually begin with 20 working days, but EIR has a specific extension to 40 working days for requests that are both voluminous and complex. Unlike FOIA, EIR does not have a separate extension merely to consider the public-interest test.
Practical check.
Before calculating a deadline, classify the request as FOIA, EIR, FOISA/EIRs in Scotland, or personal-data rights. The wrong legal regime can produce the wrong deadline.
Delay itself can be challenged.
If no substantive response arrives by the applicable deadline, ask for the response immediately and preserve the chronology. ICO guidance says an internal review can be requested about delay as well as a refusal. Do not allow repeated “we are busy” emails to obscure the statutory long-stop.
A public-interest extension is not extra time to decide whether any exemption might apply.
FOIA permits a reasonable extension where more time is genuinely needed to consider the public-interest balance for a qualified exemption. ICO guidance says this should normally mean no more than 40 working days in total. The authority should identify the relevant exemption within the original timeframe and estimate when the public-interest decision will be made.
Build the deadline from the date the authority received the request.
For ordinary FOIA requests, day 1 is generally the first working day after receipt and the authority must respond promptly and no later than 20 working days. Weekends and relevant public/bank holidays are excluded. Some bodies, including schools, have special timing provisions.
| Event | Record it |
|---|---|
| Request received | Actual date received by authority |
| Day 1 | First qualifying working day after receipt |
| Normal long-stop | 20th working day |
| Clarification requested | What was unclear and when asked |
| Clarification supplied | Date sufficient clarification was given |
| PIT extension | Exemption identified and estimated final date |
| Internal review requested | Date and issues challenged |
Official sources
Check the rules behind this guide
These are official or primary sources for this topic. Rules, scheme terms and deadlines can change, so check the live source before relying on a formal time limit or procedure.